IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

ParkingEye v Beavis at the Supreme Court: What’s Happening This Week

Options
12467…30

Comments

  • The_Slithy_Tove
    The_Slithy_Tove Posts: 4,097 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    fermi wrote: »
    Indeed. Lengthy, but interesting.
    Hopefully someone will summarise for those of us not listening to every word.
  • bm1957
    bm1957 Posts: 36 Forumite
    "Companies could hardly be expected to enter into a contract on the expectation that they might be breached and they would get a windfall"
  • bargepole
    bargepole Posts: 3,237 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Nice comment from Lord Neuberger.


    Cavendish's QC argues that in a commercial contract, where everything is set out in clear terms, the doctrine of penalties should not be relevant.


    His Lordship comments that if the terms, even if negotiated, provide for compensation for breach far in excess of any loss that could be suffered as a result of the breach, the penalty argument comes into play.


    She seems to be fighting an uphill battle here, my money's on Makdessi to win this one.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    Hmmm. If Makdessi wins then BB is surely pushing at an open door.

    But as we saw at the CoA it's perfectly possible for Their Lordships to go away after the hearing and come back with a judgement unrelated to pretty much anything that was said in the hearing!
    Je suis Charlie.
  • SailorSam
    SailorSam Posts: 22,754 Forumite
    10,000 Posts Combo Breaker
    They were on Bbc Breakfast this morning. You've got to admire the man, what must it be costing in legal fees to bring the case this far ? A lot more than £85. And if he does lose his wife will kill him.
    Liverpool is one of the wonders of Britain,
    What it may grow to in time, I know not what.

    Daniel Defoe: 1725.
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    SailorSam wrote: »
    They were on Bbc Breakfast this morning. You've got to admire the man, what must it be costing in legal fees to bring the case this far ? A lot more than £85. And if he does lose his wife will kill him.

    Hasn't cost him a penny in legal fees. He had a lay representative at the County Court (where ParkingEye couldn't claim their costs against him anyway) and for the CoA and Supreme Court QC's were falling over themselves to act for him pro bono (plus both sides agreed not to seek costs from the other).

    The only major expense for BB has been the thousands it costs to actually lodge a case with the Supreme Court, which he raised in 24 hours by public appeal (contributed to by many on this very forum)
    Je suis Charlie.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Plus, no doubt, he must be selling a helluvalot more haddock, I would patronise his plaice if I lived a bit nearer.
    You never know how far you can go until you go too far.
  • ManxRed
    ManxRed Posts: 3,530 Forumite
    The_Deep wrote: »
    Plus, no doubt, he must be selling a helluvalot more haddock, I would patronise his plaice if I lived a bit nearer.

    I see what you did there! :)
    Je Suis Cecil.
  • bargepole
    bargepole Posts: 3,237 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    The_Deep wrote: »
    Plus, no doubt, he must be selling a helluvalot more haddock, I would patronise his plaice if I lived a bit nearer.
    Apparently, people are coming from all over Essex just so they can say they got their fish and chips from 'that guy who's taking on the parking companies in court'.


    The power of free advertising on the BBC ...

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • Mike172
    Mike172 Posts: 313 Forumite
    I quite fancy fish and chips.......
    Mike172 vs. UKCPM
    Won:20
    Lost: 0
    Pending: 0
    Times Ghosted: 15
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.2K Banking & Borrowing
  • 253.2K Reduce Debt & Boost Income
  • 453.7K Spending & Discounts
  • 244.2K Work, Benefits & Business
  • 599.3K Mortgages, Homes & Bills
  • 177K Life & Family
  • 257.6K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.
Update Your Picture